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All Journal Jurisprudentie Media Iuris
Emanuel Sujatmoko
Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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Reflecting the Special Autonomy of Papua Province in the Perspective of Law and Human Rights Roni Sulistyanto luhukay; Tatiek Sri Djatmiati; Emanuel Sujatmoko
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 2 (2022): Volume 9 Nomor 2 Desember 2022
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v9i2.31843

Abstract

The practice of administering the particular autonomy government of the Papua Province seems to be centralized even though the state's policy has given the Special Autonomy status to the Papua Province. It can be proven that the authority regulated in the Special Autonomy Law cannot be adequately implemented because central government intervention is very dominant in carrying out certain authorities. Even though the changes in the legislation from Law No. 21 of 2001 to Law No. 2 of 2021 regarding special autonomy for Papua Province also cannot provide many changes regarding the achievement of special autonomy. The birth of Law No. 2 of 2021 concerning the second amendment to Law No. 21 of 2001 concerning special autonomy for the province of Papua. Provide at least 20 amendments to articles regarding the authority of local government, MRP, DPRK, increase in Papua special autonomy funds, expansion of Papua provinces and districts, and establishment of implementing regional regulations of the Special Autonomy Law. The formation of this regulatory change has not provided a concept for protecting indigenous Papuans, considering the potential for centralization of authority to occur still. In addition, this regulatory change also does not provide an overview of the cultural aspects of the indigenous Papuans themselves, and this can be seen by not involving the MRP, which is a representation of the Papuan people. For example, in article 76, paragraphs 1 and 2 regarding the division of the province and district without involving the MRP as a representative of the indigenous Papuans.
The Road to Net-Zero Emission in Indonesia: Legal Loopholes in National Carbon Tax Scheme Indria Wahyuni; Rahadyan Fajar Harris; Emanuel Sujatmoko
Media Iuris Vol. 6 No. 3 (2023): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v6i3.48537

Abstract

Indonesia is committed to accelerating the achievement of Net-Zero Emissions by 2060. The Carbon tax is a new instrument that it believes could encourage the achievement of carbon neutrality. Through the Harmonisation of Tax Regulations Act, the Government regulated several carbon tax provisions, which were initially going to be implemented on April 1, 2022, and then postponed to July 1, 2022. Unfortunately, the carbon tax implementation has been delayed until an undetermined time. Implementing legal interpretation, this research comprehensively analyses carbon tax provisions in the Harmonisation of Tax Regulations Act. The research will examine the ability of current carbon tax arrangements to accelerate the achievement of Zero Emissions. This work uses normative juridical methods with a conceptual and statutory approach to provide recommendations. The results show that the carbon tax arrangement does not contain substantial clarity, and various implementing regulations are needed. Article 13 of the Harmonisation of Tax Regulation Act contains vague norms that need to be elaborated. The paper recommends the urgency of legislative review mechanism for the Harmonisation of Tax Regulation Act, especially Article 13, and the need to harmonise it with related laws.
Co-Authors Indria Wahyuni Rahadyan Fajar Harris Roni Sulistyanto Luhukay, Roni Sulistyanto Tatiek Sri Djatmiati